You may be asking for support for the first time. Maybe the other parent reported income that does not match what you know about their job or business. You may have lost your job, taken on a new parenting schedule, or fallen behind on an order you can no longer afford.
The Law Offices of Bradley D. Bayan can help with child support issues in California. We focus on ensuring child support payments are based on accurate information and assigned fairly.
California courts determine child support amounts using a formula, but the result isn’t identical for every family. The calculation looks at both parents’ income, tax filing status, certain deductions, the number of children, and how much time each parent is responsible for them.
Your share of custody can substantially affect who pays support and how much. A parent who cares for a child three nights a week may get a different result than someone with alternating weekends, even when the parents earn similar salaries.
The formula also depends on the quality of the information entered. If one parent leaves out a bonus or reports a schedule that nobody actually follows, the result may be misleading.
Basic support is not always the end of the calculation. Parents may also be required to share work-related childcare and uninsured medical expenses. The court can divide other costs, including education, special needs, or travel for parenting time, when the circumstances support it.
California considers a wide range of income sources beyond your paycheck. Most sources of income that you can have may be included in the calculations except for a few protected categories.
Business expenses are not automatically accepted just because they appeared on a tax return. The court may look at whether the expense was truly needed to run the company or also provided a personal benefit.
A parent also cannot always reduce support by voluntarily cutting hours or walking away from a well-paying job. In some cases, the judge may consider what the parent can earn. Work history, education, health, local job opportunities, and efforts to find employment can all matter.
A new spouse’s income is generally not included. The same usually applies to child support received for another child and need-based public assistance. Unusual cases may be treated differently, which is one reason the complete household finances need review.
A support order that made sense two years ago may no longer fit your life. You may have been laid off, changed careers, received a large promotion, or started caring for the child more often. Your child may now need daycare, therapy, tutoring, or medical treatment that wasn’t part of the old calculation.
Do not wait several months after losing income to file. A judge generally cannot go back and reduce payments that were due before you filed the request. The unpaid balance can continue growing while you hope the other parent will agree later.
Child support disputes can have a lasting effect on your financial situation, as well as your ability to parent. Child support disputes often come down to the simple details. A tax return may not show a recent bonus, regular cash payments, restricted stock, or money moving through a business. A parent may claim equal parenting time even though the child spends most school nights in one home. Someone who appears unemployed may have years of experience in a field that is actively hiring.
We can also help you request a new order, respond to the other parent’s filing, seek a modification, collect unpaid support, or address arrears.
The Law Offices of Bradley D. Bayan helps parents with child support matters in Redwood City and throughout San Mateo County.
We can review your income, expenses, parenting schedule, current order, and the financial information the other parent provides. Then we can explain what the guideline calculation may look like and what additional evidence we need.
You can reach out to our office at (650) 364-3600 to discuss your case with a child support lawyer. The goal is not a number based on guesses. It is a support order built on complete, accurate information.
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